Dimple Rajendra Mehta v. Dorab Furdoon Seervai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2044 OF 2025 IN SUIT NO. 1257 OF 2007 MS.DIMPLE RAJENDRA MEHTA )...APPLICANT

IN THE MATTER BETWEEN

GIRISH NAUTAMLAL JANI )...PLAINTIFF V/s.

MR. DORAB FURDOON SERVAI )...DEFENDANT WITH SUIT NO. 1257 OF 2007 WITH INTERIM APPLICATION NO. 232 OF 2023 IN SUIT NO. 1257 OF 2007 WITH INTERIM APPLICATION NO. 2209 OF 2021 IN SUIT NO. 1257 OF 2007 WITH INTERIM APPLICATION NO. 2489 OF 2021 IN SUIT NO. 1257 OF 2007 WITH INTERIM APPLICATION NO. 3081 OF 2021 IN SUIT NO. 1257 OF 2007 WITH INTERIM APPLICATION NO.495 OF 2022 IN SUIT NO. 1257 OF 2007 WITH INTERIM APPLICATION NO. 4091 OF 2022 ARTI VILAS KHATATE IN SUIT NO. 1257 OF 2007 by ARTI VILAS KHATATE Date:

2026.01.23 10:57:14 +0530 avk 1/4

WITH NOTICE OF MOTION NO. 1018 OF 2016 IN SUIT NO. 1257 OF 2007 Mr.Anuuj Narula a/w. Mr.Sayeed Mulani and Mr.Tushar Agarwal i/by Mulani & Co., Advocate for the Applicant in IA/2044/2024. Ms.Kirtida Chandara i/by M. Humranwala, Advocate for the Executors of the Defendant no.1(a).

Ms.Khusbhu Prabhu, Advocate for the Applicant in IA/232/2023. Mr.Ankit Lohia a/w. Ms.Rajshree Dhole i/by Samatva Legal Associates, Advocate for the Applicant in IAL/2096/2026.

CORAM

:

ABHAY AHUJA, J.

DATE :

22nd JANUARY 2026 P.C. :

1.

Pursuant to order dated 19th December 2025 this Court had permitted amendment in terms of the draft amendments which was tendered across the bar by Mr.Anuuj Narula, learned Counsel, appearing for the Applicant.

2.

Today, when the matter is called out, Mr.Narula submits that there were certain typographical errors that had crept in to the schedule and that this Court may permit replacement of the schedule by a fresh schedule which he tenders across the bar and permit the amendment in terms of the said draft.

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3.

The other learned Counsel appearing in the matter have no objection.

4.

Let the Interim Application be amended in terms of the revised schedule tendered across the bar within a period of two weeks and the amended application be served upon the Respondents and an appropriate Affidavit of service be filed by the next date. 5.

Just when this order is passed, the other learned Counsel appearing in the matter submit that the Interim Application can be allowed after the amendments.

6.

In view of the aforesaid, let the draft amendments tendered today be treated as part of the amendments permitted on 19th December 2025 and let the Interim Application be allowed. 7.

Let the amendments as per the said application be carried out within a period of two weeks in terms of prayer clauses (a) and (b) which read thus :

"(a) This Hon'ble Court be pleased to allow Applicant to delete the name of Original Defendant i.e. Dorab Furdoon Seervai on account of his death.

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(b) This Hon'ble Court be pleased to allow Applicant to add the legal heirs / representatives of the deceased Mr.Dorab Furdoon and to do all consequential amendments in the said Suit as per the Schedule."

8.

Let the amendments as above be carried out within a period of two weeks and the amended proceedings be served upon the Respondents and an appropriate Affidavit of service be filed by the next date.

9.

The Interim Application No.2044 of 2025 is accordingly allowed and stands disposed.

10.

List all the other Interim Applications on 5th March 2026. 11.

Let replies and rejoinders to the other Interim Applications / Notice of Motion be exchanged by the next date. (ABHAY AHUJA, J.) avk 4/4